The applicant shall install sanitary sewer facilities in a manner prescribed by the City's construction standards and specifications. All plans shall be designed in accordance with the rules. regulations, and standards of the City Engineer, Valley Health Dept and other appropriate Agencies, and subject to their approval.

4.11.1 Sanitary sewerage systems shall be constructed as follows:

a. Where a public sanitary sewer system is reasonably accessible and the applicant shall connect with same and provide sewers accessible to each lot in the subdivision.

b. Where public sanitary sewerage systems are not reasonably accessible but based on mandated public commitment, will become available within a reasonable time (not to exceed five (5) years, as determined by the Shelton Sewer Commission, the applicant may choose one of the following alternatives, subject to approval by the City Engineer and the Commission:

1. Community Sewerage System, the maintenance cost to be assessed against each property benefitted. Where plans for future public sanitary sewer systems exist, the applicant shall install the sewer lines, laterals, and mains to be in permanent conformance with such plans and ready for connection to such public sewer mains; or

ii. Individual disposal systems, provided the applicant shall install sanitary sewer lines, laterals, and mains from the street curb to a point in a subdivision boundary where a future connection with the public sewer main shall be made. Sewer lines shall be laid from the house to the street line, and a connection shall be available in the home to connect from the individual disposal system to the sewer system when the public sewers become available. Such sewer systems shall be capped until ready for use and shall conform to all plans for installation of the public sewer system, where such exist, and shall be ready for connection to such public sewer main.

d. Where sanitary sewer systems are not reasonably accessible and will not become available for a period in excess of five (5) years, as determined by the Shelton Sewer Commission, the applicant may install sewerage systems as follows:

1. Individual disposal systems or community sewerage systems shall be used.

In the interests of promoting the public health, safety and welfare of the people of Shelton, public water supply shall be provided to lots in any subdivision located within any area served by public water supply. In addition, for areas in proximity to public water supply service, when it is by the Commission to be practicable, convenient and economically feasible to do so, public water supply shall be extended to serve the subdivision. The applicant shall obtain from the Bridgeport Hydraulic Company the location and size of the nearest water main and shall indicate or note this information on the Site Development Plan. The decision by the Commission to require extension of the public water supply to serve the subdivision shall be based upon the location of the nearest extension of a Bridgeport Hydraulic Company main, the adequacy of pressure and service, the proposed layout of the subdivision, the nature of the terrain of the subdivision and such additional information as the Commission may deem pertinent.

Bituminous curbs shall be installed along the edge of all street pavement.

At the request of the Commission, sidewalks shall be installed on thoroughfares and commercial streets, in pedestrian easements, on . local streets in the vicinity of schools and playgrounds and in other places deemed necessary by the Commission for the public necessity and safety.

In areas where the proposed street system does not conform to a convenient pattern of pedestrian circulation particularly in the vicinity of parks, schools, playgrounds or other public or semipublic places, the Commission may require the provision of ten foot easements for. the establishment of pedestrian ways.

Sight easements shall be provided across the corners of lots at intersections to assure safe line of sight. These easements shall be shown on the Record Subdivision map with appropriate notes specifying restriction.

No reserved strips shall be provided in any subdivision.

Where there are insufficient existing trees within the subdivision the Commission may require the Planting of street trees. In general, street trees shall be planted approximately 50 feet apart on both sides of any street, subject to variations made necessary by driveways, street corners, walks, as well as species of trees, and shall be located near the street or lot lines, as determined by the Commission. Trees to be planted shall be at least 1 3/4 inch "diameter breast high", except in the case of ornamental trees such as dogwoods. The species of trees shall be subject to the approval of the Commission. Existing trees along the proposed street which conform to these requirements in general may be substituted for new trees at the discretion of the Commission.

In all subdivisions of land under these regulations, the Commission may require the applicant to provide and officially dedicate Open Space areas of appropriate size and location as deemed proper by the Commission, or, in lieu there of, the Commission may authorize the applicant to pay a fee to the City of Shelton, or to pay a fee to the City and appropriately designate a lesser area of land.

In determining the appropriateness of an Open Space area disposition, the Commission shall give due consideration to the Plan of Development objectives and in particular the Open Space component, other Conservation and Open Space studies, reports and plans, the recommendations of the Conservation and Recreation Commissions, the density of population and the existing public open spaces in the vicinity of the subdivision, as well as the subject tract's characteristics with respect of the following objectives:

a. the conservation and protection of wildlife and natural or scenic resources including lakes, ponds river, streams, stream belts, including wetlands, aquifers, significant trees, particular trees of special size or unusual type, ridges, ravines, stone fences and walls, ledge outcroppings and other unusual physical features, including the protection of historic or archaeological sites: and

b. the expansion of existing open spaces areas: and

c. the meeting of neighborhood and/or community-wide recreational needs.

In determining the location of proposed Open Space the Commission may consider the potential for combination with other existing or proposed Open Space on adjoining properties owned by any public or private institution.

Where Open Space reservation and disposition is deemed appropriate, such land shall consist of not less than 10% of the total area of the tract to be subdivided. The minimum area of any such Open Space shall be one acre unless the area is an addition to an existing or proposed park, playground, Open Space, greenway or other public land. When a subdivision is submitted in sections, an Open Space area need not be included in each section, provided a comprehensive Open Space plan is submitted and approved, and the integrity of such Open Space is guaranteed in accordance with the provisions of Section 4-19-4a below. This approval shall be a prerequisite for approval of the first section submitted and a proportionate part of the total Open Space area so approved shall be established with the first and each section submitted, including suitable permanent and/or interim access to such land.

The Commission shall refer for review and comment any subdivision plan and proposal for the provision of Open Space land to the Shelton Conservation Commission. In addition, the Commission may also refer said proposal to the Open Space Committee, the Land Trust, the Recreation Commission, the Inland Wetlands Commission, Fairfield County Soil and Water Conservation District and/or any other appropriate agency as it deems necessary. The Commission shall refer any proposal under which the City would acquire a property interest in the Open Space to the Board of Aldermen for their comments.

The Commission shall determine the most appropriate method of disposition after due consideration of the relationship of the subject Open Space and its specific characteristics to the Plan of Development and the objectives cited above; the desirability and suitability of public access and use and the scope of the subdivision proposal.

a. Preservation Method/Entity Having Title: The integrity of the Open Space land may be guaranteed by utilization of one or a combination of the following options or other suitable alternative, all subject to the approval of the Commission:

1. Conveyance in fee simple to the City of Shelton.

2. Conveyance in fee simple to the Shelton Land Trust or other nonprofit entity (with the approval of the applicant), subject to the approval of the Board of Aldermen.

3. Conveyance in fee simple to the State of Connecticut, subject to the approval of the Board of Aldermen.

4. Conveyance in fee simple to a homeowners' association (see Paragraph 4-19-7 below).

5. Establishment of restrictive covenants through the conveyance of conservation easements or other preservation restrictions, with or without public access, to the City.

6. Conveyance of a recreation easement to the City, the State, or a private, non-profit recreational entity, subject to the approval of the Board of Aldermen.

7. Conveyance of an agricultural easement to the City, the State, or a private, non-profit, farm preservation entity.

8. Private ownership with the appropriate severance and conveyance of development rights.

The applicant shall designate in its application which of the foregoing entities is proposed to own the Open Space, but, as part of the approval of such application, the Commission may modify such designation to require ownership by one of the public entities set forth above. The Commission may not require conveyance to an entity described in subsection 2 above, or to a private entity, except when consented to by the applicant. Furthermore, the Commission may modify any application so as to designate Open Space in locations other than those proposed. In determining whether the proposed entity is appropriate to own the proposed Open Space, or whether to require Open Space in locations different from those proposed, the Commission shall consider the following factors:

(a) the ownership of any existing Open Space on adjacent properties or the proximity to non-adjacent Open Space which might reasonably be interconnected in the future:

Open Space areas intended to be accessible to the public shall typically abut or have direct public access to a public street and, as appropriate, any existing adjacent park or public land. Where access intended, all such areas shall include access roadways to be graded and improved in a manner suitable for safe pedestrian and vehicular traffic. Such access roadways shall have an adequate base, shall be adequately drained and shall typically be twenty (20) feet wide and have a slope no greater than twelve percent (12%) except that the Commission May waive any of these requirements where access is less critical, such as in passive wildlife preserves or fragile ecosystems. Land to be provided as Open Space for the purpose of conservation and protection of wildlife and natural or scenic resources shall typically be left in a natural state, except for such improvement or maintenance as may be expressly permitted or required by the Commission. Open Space areas shall not be graded, cleared, or used by the applicant or others as a repository for brush, stumps, earth, building materials or debris. The Commission need not accept Open Space land composed entirely or substantially of inland wetlands, unless it considers. such areas to have special habitat or other environmental value. Not more than 25% of the minimum required Open Space area shall consist of designated inland wetlands and/or steep slopes in excess of 30%, unless otherwise deemed appropriate by the Commission. Open Space area devoted to artificially created storm water retention and/or detention facilities shall not be used to comply with the minimum required Open Space area.

The Commission may require that any land to be dedicated for active recreational use be cleared of brush, trees and debris; be graded to properly dispose of surface water; be covered with organic topsoil to a depth of four (4"); be seeded with low maintenance grass seed; and be otherwise improved so that the land is left in a condition appropriate to the intended use. When other site improvements are required, they shall be clearly shown on the final subdivision improvement maps or alternatively on a separate site improvements plan and they shall be approved by the Commission prior to the filing of the Record Subdivision Map. To ensure proper construction of any required Improvements, the Commission shall require the applicant to post a performance bond, letter of credit, or other acceptable surety in an amount and with terms acceptable to the Commission and the Corporation Counsel. Unless otherwise modified by the Commission, all required Improvements of Open Space shall be completed prior to the conveyance of fifty (50%) percent of the lots within the subdivision.

(a) the proposed use of the Open Space for active or passive uses, and the extent of maintenance, supervision, or management required:

(b) the potential benefits which the Open Space might provide to residents of the City if it were accessible to them:

(c) the size, shape, topography and character of the Open Space;

(d) the recommendations of the Shelton Plan of Development; and

(e) the reports or recommendations of any State or City Boards and Commissions, including but not limited to the Board or Aldermen, the Inland Wetlands Commission, the Conservation Commission, the Open Space Committee, the Parks and Recreation Commission, the Valley Regional Planning Agency and the Connecticut Department of Environmental Protection.

A. Evidence of Acceptance: If the method of preservation is to be other than a conveyance to the City of Shelton, the application shall contain evidence that the entity proposed to own the Open Space is willing to accept ownership of it and responsibility for its preservation and maintenance.

B. Required Provisions: Regardless of the preservation method or manner of ownership of the Open Space, the instrument of conveyance must include provisions satisfactory to the Commission and be approved by the Corporation Counsel as to form and substance, to ensure that the Open Space is dedicated to its intended purposed and that provision is made for the proper maintenance of those portions requiring maintenance.

C. Demarcation: The boundary lines of all Open Space areas shall be established in the field and marked by permanent, readily visible markers where. such lines intersect any lot line, road or perimeter line within the proposed subdivision and at such other points as may be required by the Commission to ensure identification in the field. The Commission may, at the request of the Conservation Commission, require the further delineation of the approximate limits of Open Space, utilizing markers provided by the Conservation Commission, to avoid inadvertent disturbance of the Open Space adjoining homeowners.

The Commission may, upon the request of the applicant, permit the ownership and maintenance of the Open Space to be transferred to an association of property owners. Such transfer shall be in accordance with standards established by the Commission to include, but not be limited to the following:

1. Creation of the association or corporation prior to the sale of any lot.

2. Mandatory membership in the association by all original lot owners and any subsequent owner, with non-amendable by-laws or other restrictions which require the association to maintain the land reserved for Open Space, park and playground purposes, with power to assess all members for necessary costs.

3. Provisions/restrictions which will be permanent and binding on all future property owners, and will not be affected by any change in land use.

4. The association or corporation shall have the power to assess and collect from each lot owner or a specified share of, and, where necessary, provide reserves for the costs associated with maintenance, repair, upkeep and insurance of the Open Space.

5. Any deed of conveyance shall contain language providing the association with the right to obtain reasonable reimbursement for all costs it reasonably incurs, including attorney's fees, in any action to enforce its rights against any lot owner, in which the association is the prevailing party.

6. The deed of conveyance shall provide that if maintenance or Preservation of the dedication no longer complies with the provisions of the document, the City may take all necessary action to assure compliance and assess against the association all costs incurred by the City for such purposes.

Any conservation easements or other Open Space covenants or restrictions shall be subject to the approval of the Commission and be approved by the Corporation Counsel as to form and content. After approval, said documents shall be filed by the applicant in the Office of the City Clerk.

Property executed legal documents, including warranty deeds for any title transfers, shall be prepared in accordance with the provisions of this Section and shall be submitted in triplicate with the final subdivision map to be endorsed and filed. All deeds and conveyances necessary to establish the proposed Open Space shall be appropriately executed and in the possession of the Commission prior to the endorsement of the Record Subdivision Map. All warranty deeds shall be accompanied by a certificate of title, prepared by an attorney admitted to the Bar of the State of Connecticut, certifying that such conveyance passes good title to the described property or property interest, and that it is free and clear of any defect or encumbrances, or that such encumbrance has been subordinated to the conveyance. All documents must be acceptable to the Commission and the Corporation Counsel, and shall refer to the Record Subdivision Maps by title. All warranty deeds for dedication of land to the City shall be held in escrow by the Commission to be recorded on the City Land Records upon acceptance by the Board of Aldermen. During such escrow period, until such time as the deeds are recorded on the City Land Records, the applicant shall return to the Commission for determination of an alternative means of preserving the Open Space. In no case, shall the acceptance of any deed by the Commission or an employee of the City be deemed as acceptance of the Open Space by the City. All Open Space preserved by means of easements or restrictions shall comply with the requirements of Connecticut General Statutes 47-42(a) through 4742(c).

In the event the applicant desires to transfer to the City land for other municipal purposes such as future schools, firehouses, etc., the dedication provisions of this Regulation shall be complied with. The Commission may consider such a municipal dedication as a credit toward any Open Space disposition requirements, but may not require such dedication.

If the Commission determines that the reservation of land within the proposed subdivision for Open Space is not consistent with the adopted Plan of Development or is otherwise not appropriate or practical, such as due to location in the City, inadequate size or inconsistency with the City's Open Space Plan or its recreation program, the applicant shall select one or a combination of the following alternatives to the otherwise required reservation for Open Space within the subdivision, which selection is subject to approval by the Commission under the provisions of Paragraph 4.19:

A. Alternate #1: Payment to the City of Shelton of a fee, in lieu of, any reservation of Open Space, in an amount equal to 10% of the fair market value. of the land to be subdivided prior to approval of the subdivision, such value being as determined by an appraiser jointly selected by the Commission and the applicant; or

B. Alternate #2: Conveyance to the City of Shelton of land suitable for Open Space purposes and located outside the land to be subdivided, which land shall either

i) be equal area, or larger at the discretion of the applicant, to 10% of the area of the land to be subdivided, or

ii) have a fair market value equal to, or greater at the discretion of the applicant, to 1 0% of the fair market value of the land to be subdivided as determined by an appraiser jointly selected by the Commission and the applicant; or

C. Alternate #1: Reservation of land Open Space within the subdivision equal in area to less than 1 0% of the total area of the land to be subdivided plus either payment to the City in lieu of reservation as provided in Alternate #1 or conveyance of land to the City of Shelton as provided in Alternate #2, or a combination thereof, in amounts and/or area equal to the percentage point difference between the required 10% and the lesser percentage of the land actually reserved.

A. Statutory Authorization: In accordance with Connecticut General Statute 8-25, as amended by Public Act 90-239, Section 1. the Commission may authorize a sub-divider to pay a fee to the City of Shelton or pay a fee to the City and transfer land to the City of Shelton in lieu of the disposition of land by one of the methods set forth in Section 4.19.4 hereinabove. In the event that such authorization is granted by the Commission, such payment or combination of payment and the fair market value of land transferred shall be equal to not more than 10% of the fair market value of the land to be subdivided prior to the approval of the subdivision. The fair market value shall be determined by an appraiser jointly selected by the Commission and the sub-divider. All payments received under this method shall be placed in the "Open Space Trust Account'. Such fund shall be used solely for the purpose of preserving open space or acquiring additional land for open space or for recreational or agricultural purposes.

B. Time of Payment: The required payment in lieu of Open Space may be made as follows:

1. As a lump sum by the applicant, covering all or certain lots prior to endorsement of the Record Subdivision Map, in which case the provisions of Paragraph C are not applicable for the subdivision or those certain lots for which payment has been made; or

2. A fraction of such payment, the numerator of which is one and the denominator of which is the number of approved parcels in the subdivision, shall be made at the time of sale of each approved parcel of land in the subdivision, subject to the provisions set forth in Paragraph C following.

C. Identification, Guarantee and Release: The Record Subdivision Map will Bear a note specifying the payment-in-lieu of obligation of the subdivision, i.e., the lump sum amount and the fraction method payment if applicable and the amount for each. When the fraction method of payment is used, the said payment shall be secured by a lien against each lot in the amount of the required payment for any lot and shall be recorded in the Office of the Shelton City Clerk. The said lien shall be in a form approved by Corporation Counsel, identifying the payment required to the City of Shelton, and shall be unencumbered by any mortgage or encumbrance having priority over said lien, as evidenced by a Certificate of Title, in a form approved by Corporation Counsel.

D. Payment and Trust Fund: Payments in lieu of Open Space are to be made by certified check or bank check, made payable to the City of Shelton and delivered to the Finance Director of the City of Shelton. The check should bear an annotation or be accompanied by a memorandum identifying the subdivision (including City Clerk's map file number) and lot number to be credited with the payment, and calling for deposit of the payment in the "Open Space Trust Account". The Finance Director will issue a receipt identifying such credit and the Finance Director will maintain a ledger or other record of such payments by subdivision name and lot number.

E. Expenditures: Expenditures from the "Open Space Trust Account" are to be made in accordance with standard appropriation procedures and in accordance with the provisions of the Ordinance establishing the "Open Space Trust Account" for purposes permitted by Sec. 8-25b C.G.S. All City proposals for acquisition of land or rights in land for Open Spaces will be referred to the Planning and Zoning Commission in accordance with Sec. 8-24 of the Connecticut General Statutes.

In accordance with Public Act 90-239, Section 1, the provisions of this Section 4.19 shall not apply if:

A. The transfer of all land in a subdivision of less than five (5) parcels is to a parent, child, brother, sister, grandparent, grandchild, aunt, uncle or first cousin of the property owner for no consideration. Such intended transfer shall be evidenced by covenants, restrictions, contracts, or other legally binding documents as the Commission may approve, which documents shall be recorded in the Land Records of the City.

B. The subdivision is to contain affordable housing, as defined in Section 839a of the Connecticut General Statutes, equal to 20% or more of the total housing to be constructed in such subdivision. Such restrictions for affordable housing shall be evidenced by such documents as the Commission may require, and such restrictions shall run with the lots affected thereby in perpetuity.

C. The subdivision is the result of an assembly of lots or parcels for which Open Space was previously set aside and which assembly is now subdivided into a new configuration of lots. Such assembly and prior dedication of Open Space shall be evidenced by such documents as the Commission may require to assure compliance with the intent of these Regulations.

D. The subdivision involves parcels currently improved with buildings and which is being made solely for the purpose of mortgaging and financing. The applicant shall be required to submit such evidence as the Commission may require to assure compliance with the intent of these Regulations.

As required in section 2.3.6 and Section 3.5 of these regulations, the sedimentation and erosion control plan shall show and adequately describe all measures and improvements which can reasonably be undertaken to reduce, control, or eliminate erosion during development along with appropriate schedules based on time and stage of construction which show that such measures and improvements will be undertaken at the earliest practicable time, and show existing and proposed topographic information. Copies of such plans shall be accompanied by an estimate of improvements costs and the cost of such improvements shall be included in the bond. Said plans may be referred to the Fairfield County Soil and Water Conservation District or any governmental agency or regulatory body for review and recommendations, and shall be reviewed and evaluated by-the City Engineer.

4.20.1 Control Measures: The following control measures shall be used for an effective erosion and sediment control plan:

a. The smallest practical area of land shall be exposed at any time during development.

b. When land is exposed during development, the exposure shall be kept to the shortest practical period of time.

c. Where necessary, temporary vegetative and/or mulching shall be used to protect areas exposed during development.

d. Sediment basins (debris basins), desilting basins, or silt traps shall be installed and maintained to remove sediment from runoff waters and from land undergoing development.

e. Increased runoff caused by changed soil surface conditions during and after development.

f. Permanent vegetation and structures shall be installed as soon as practical in the development.

g. Provisions shall be made to protect and maintain desirable landscape features by constructing barricades around selected trees and areas if they are within, or near to the construction area. This procedure should be completed before any grading or ditching operation commences.

4.20.2 Soil Preservation and Final Grading: In areas of those subdivisions where the grade is to be changed or natural vegetation seriously damaged, except that portion of the subdivision to be covered by buildings, structures, or included in driveways, streets, watercourses, or rock formations, such areas shall be pre-covered with soil with an average depth of at least four (4") inches which depth shall contain no particles over two (2") inches in diameter. Topsoil shall not be removed from the subdivision until such areas are provided with at least four (4") inches of top soil, which shall be stabilized by seeding or planting.

4.20.3 Lot Draifnacie: In those subdivisions where lots are to be graded as part of the subdivision, lots shall be laid out so as to provide positive drainage away from all buildings and individual lot drainage shall be coordinated with the general storm drainage pattern for the area. The area shall be evenly graded to slope not exceeding one (1) foot of a rise for two (2) feet of horizontal distance or to such lesser slope necessary for soil stability, safety and reasonable reuse and development of the lot; in addition, the area shall be evenly graded with sufficient slopes to assure adequate drainage of the area so as to avoid concentration of storm drainage water from each lot to adjacent lots and to avoid stagnant pools of water. This provision shall not apply to cuts of rock, to undisturbed areas generally, or to areas to be covered by buildings, structures, streets, or watercourses.

4.20.4 Lawn Grass Seed and Sod: In the same applicable areas as in paragraph 4.20.2, such areas shall be subject to respreading of soil and appropriate seeding prior to release of the subdivision bond; except that the applicant shall submit an agreement in writing signed by the developer and/or the property owner, with a copy to the Building Official, that re-spreading of soil and seeding of lawn will be done the immediate following planting; season and leave a cash escrow for performance as shall be determined by the City Engineer. Sod may be used to comply with any requirement of seeding set forth herein. In place of a permanent vegetative cover, a temporary vegetative cover may be additionally required by the Commission.

4.20.5 Debris and Waste: No cut trees, timber, debris, boulders, junk, rubbish, or other waste materials of any kind shall be buried in any land nor, including waste earth, rocks, or stones shall such waste materials be left or deposited on any lot or street prior to and/or after the release of the subdivision bond unless such materials and locations have been specifically authorized by the Commission for proper disposal.

4.20.6 Additional Requirements: The Commission shall require the furnishing of all technical information required to determine the adequacy of each proposal. In certain cases, this may include the following types of information:

a. A narrative outline of the sequence and staging of land disturbing activities.

b. A statement about the off-site effects of land disturbing activities.

c. A maintenance program for the sedimentation and erosion control facilities.

d. Location of all test holes, test pits, or borings.

4.20.7 Standards: The developer should be guided by the technical standards and control measures of the Fairfield County Soil and Water Conservation District. A copy of the standards, control measures and specifications is available from the County Conservation District and is on file in the Commission's Office.

4.20.8 Exemptions: No Sedimentation and Erosion Control Plan shall be required for agricultural and horticultural activities, the construction of a driveway which does not at any point vary from the surrounding grade by more than one (1) foot, and the normal construction or maintenance of a septic tank or associated drain field, not involving changes in the grade of the surrounding land.

4.21 Underground Utilities: In subdivisions involving the construction of five or more single units on a new street, the Commission shall require the underground installation of any telephone, electrical, or power utility system, or portion thereof intended to serve any proposed subdivision, if the Commission deems it to be economically feasible, in the interest of public safety, and aesthetically desirable. To assist the Commission in reaching its decision, the sub-divider or developer should meet with a representative of the power company and telephone company and present to the Commission a copy of the utility company's estimate of the additional cost per housing unit involved that the Utility Company would charge the sub-divider/developer for underground installation less the Initial Revenue credit as defined and estimated by the Power Company.